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MTG > SEC Filings for MTG > Form 10-Q on 11-May-2009All Recent SEC Filings

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Form 10-Q for MGIC INVESTMENT CORP


11-May-2009

Quarterly Report


ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS
Overview
Through our subsidiary MGIC, we are the leading provider of private mortgage insurance in the United States to the home mortgage lending industry.
As used below, "we" and "our" refer to MGIC Investment Corporation's consolidated operations. The discussion below should be read in conjunction with "Management's Discussion and Analysis of Financial Condition and Results of Operations" in our Annual Report on Form 10-K for the year ended December 31, 2008. We refer to this Discussion as the "10-K MD&A." In the discussion below, we classify, in accordance with industry practice, as "full documentation" loans approved by GSE and other automated underwriting systems under "doc waiver" programs that do not require verification of borrower income. For additional information about such loans, see footnote (3) to the delinquency table under "Results of Consolidated Operations-Losses-Losses Incurred". The discussion of our business in this document generally does not apply to our international operations which are immaterial. The results of our operations in Australia are included in the consolidated results disclosed. For additional information about our Australian operations, see "Overview-Australia" in our 10-K MD&A. Forward Looking Statements
As discussed under "Forward Looking Statements and Risk Factors" below, actual results may differ materially from the results contemplated by forward looking statements. We are not undertaking any obligation to update any forward looking statements or other statements we may make in the following discussion or elsewhere in this document even though these statements may be affected by events or circumstances occurring after the forward looking statements or other statements were made. Therefore no reader of this document should rely on these statements being accurate as of any time other than the time at which this document was filed with the Securities and Exchange Commission. Outlook
At this time, we are facing two particularly significant challenges, which we believe are shared by the other participants in our industry:
• Whether we will have access to sufficient capital to continue to write new business. This challenge is discussed under "Capital" below.

• Whether private mortgage insurance will remain a significant credit enhancement alternative for low down payment single family mortgages. This challenge is discussed under "Future of the Domestic Residential Housing Finance System" in our 10-K MD&A.


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For additional information about these challenges, see the portions of our 10-K MD&A titled "Overview - Future of the Domestic Housing Finance System," "Overview - Debt at our Holding Company and Holding Company Capital Resources" and "Overview - Private and Public Efforts to Modify Mortgage Loans and Reduce Foreclosure."
Capital
The mortgage insurance industry is experiencing material losses, especially on the 2006 and 2007 books. The ultimate amount of these losses will depend in part on general economic conditions, including unemployment, and the direction of home prices, which in turn will be influenced by general economic conditions and other factors. Because we cannot predict future home prices or general economic conditions with confidence, we cannot predict with confidence what our ultimate losses will be on our 2006 and 2007 books. Our current expectation, however, is that these books will continue to generate material incurred and paid losses for a number of years. Unless loss trends materially mitigate, these incurred losses could reduce our policyholders position and increase our risk-to-capital beyond the levels necessary to meet regulatory requirements and this could occur before the end of 2009. For additional information on these regulatory requirements see the portion of our 10-K MD&A titled "Overview - Capital."
At March 31, 2009, MGIC's policyholders position exceeded the required minimum by approximately $1.2 billion, and we exceeded the required minimum by approximately $1.3 billion on a combined statutory basis. (The combined figures give effect to reinsurance with subsidiaries of our holding company.) At March 31, 2009 MGIC's risk-to-capital was 14.2:1 and was 16.1:1 on a combined statutory basis. For additional information about how we calculate risk-to-capital, see "Liquidity and Capital Resources - Risk to Capital" below.
We believe that we have claims paying resources at MGIC that exceed our claim obligations on our insurance in force, even in scenarios in which losses materially exceed those that would result in not meeting regulatory requirements. We are in discussions with the Office of the Commissioner of Insurance of Wisconsin ("OCI") regarding contributing funds to a subsidiary of MGIC that would provide capital to enable the subsidiary to write new business. While we have had positive discussions with the OCI on this structure, its implementation is subject to regulatory approvals, GSE approval and approval from our Board of Directors. If approved, MGIC would cease writing new insurance and the newly capitalized subsidiary would simultaneously commence writing new insurance. The subsidiary would have its own MPP and risk-to-capital calculations to assess its capital adequacy related to its book of business. MGIC would no longer need to maintain the level of capital necessary to write new business but would only need sufficient resources to pay its claims.
Based on this initiative and other options discussed in our 10-K MD&A under "Overview - Capital" our senior management believes that we will be able to continue to write new business on an uninterrupted basis. We can, however, give no assurance in this regard, and higher losses, adverse changes in our relationship with the GSEs, or reduced benefits from loss mitigation, among other factors, could result in senior


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management's belief not being realized. In addition, to the extent this belief of senior management is a "forward-looking statement" under Section 21E(c) of the Securities Exchange Act of 1934, as amended (and without thereby suggesting that other forward-looking statements we make in this quarterly report are not accompanied by meaningful cautionary statements because the reference to such cautionary statements does not appear in immediate proximity to such other forward-looking statements), the statements in our Risk Factors, which are an integral part of this Management's Discussion and Analysis, are intended to provide additional meaningful cautionary statements that identify additional material factors that could cause actual results to differ materially from those in this forward-looking statement of senior management. Factors Affecting Our Results
Our results of operations are affected by:
• Premiums written and earned

Premiums written and earned in a year are influenced by:
• New insurance written, which increases insurance in force, is the aggregate principal amount of the mortgages that are insured during a period. Many factors affect new insurance written, including the volume of low down payment home mortgage originations and competition to provide credit enhancement on those mortgages, including competition from other mortgage insurers and alternatives to mortgage insurance.

• Cancellations, which reduce insurance in force. Cancellations due to refinancings are affected by the level of current mortgage interest rates compared to the mortgage coupon rates throughout the in force book. Refinancings are also affected by current home values compared to values when the loans in the in force book became insured and the terms on which mortgage credit is available. Cancellations also include rescissions, which require us to return any premiums received related to the rescinded policy, and policies canceled due to claim payment.

• Premium rates, which are affected by the risk characteristics of the loans insured and the percentage of coverage on the loans.

• Premiums ceded to reinsurance subsidiaries of certain mortgage lenders ("captives") and risk sharing arrangements with the GSEs.

Premiums are generated by the insurance that is in force during all or a portion of the period. Hence, changes in the average insurance in force in the current period compared to an earlier period is a factor that will increase (when the average in force is higher) or reduce (when it is lower) premiums written and earned in the current period, although this effect may be enhanced (or mitigated) by differences in the average premium rate between the two periods as well as by premiums that are ceded to captives or the GSEs. Also, new insurance written and cancellations during a period will


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generally have a greater effect on premiums written and earned in subsequent periods than in the period in which these events occur.
• Investment income

Our investment portfolio is comprised almost entirely of fixed income securities rated "A" or higher. The principal factors that influence investment income are the size of the portfolio and its yield. As measured by amortized cost (which excludes changes in fair market value, such as from changes in interest rates), the size of the investment portfolio is mainly a function of cash generated from (or used in) operations, such as net premiums received, investment earnings, net claim payments and expenses, less cash provided by (or used for) non-operating activities, such as debt or stock issuance or dividend payments. Realized gains and losses are a function of the difference between the amount received on sale of a security and the security's amortized cost, as well as any "other than temporary" impairments. The amount received on sale of fixed income securities is affected by the coupon rate of the security compared to the yield of comparable securities at the time of sale.
• Losses incurred

Losses incurred are the current expense that reflects estimated payments that will ultimately be made as a result of delinquencies on insured loans. As explained under "Critical Accounting Policies" in the 10-K MD&A, except in the case of premium deficiency reserves, we recognize an estimate of this expense only for delinquent loans. Losses incurred are generally affected by:
• The state of the economy and housing values, each of which affects the likelihood that loans will become delinquent and whether loans that are delinquent cure their delinquency. The level of new delinquencies has historically followed a seasonal pattern, with new delinquencies in the first part of the year lower than new delinquencies in the latter part of the year.

• The product mix of the in force book, with loans having higher risk characteristics generally resulting in higher delinquencies and claims.

• The size of loans insured, with higher average loan amounts tending to increase losses incurred.

• The percentage of coverage on insured loans, with deeper average coverage tending to increase incurred losses.

• Changes in housing values, which affect our ability to mitigate our losses through sales of properties with delinquent mortgages as well as borrower willingness to continue to make mortgage payments when the value of the home is below the mortgage balance.

• Rescission rates. Our estimated loss reserves reflect mitigation from rescissions of coverage using only the rate at which we have rescinded claims during recent periods.


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• The distribution of claims over the life of a book. Historically, the first two years after loans are originated are a period of relatively low claims, with claims increasing substantially for several years subsequent and then declining, although persistency, the condition of the economy and other factors can affect this pattern. For example, a weak economy can lead to claims from older books continuing at stable levels or experiencing a lower rate of decline. We are currently seeing such performance as it relates to delinquencies from our older books. See "- Mortgage Insurance Earnings and Cash Flow Cycle" below.

• Changes in premium deficiency reserves

Each quarter, we re-estimate the premium deficiency reserve on the remaining Wall Street bulk insurance in force. The premium deficiency reserve primarily changes from quarter to quarter as a result of two factors. First, it changes as the actual premiums, losses and expenses that were previously estimated are recognized. Each period such items are reflected in our financial statements as earned premium, losses incurred and expenses. The difference between the amount and timing of actual earned premiums, losses incurred and expenses and our previous estimates used to establish the premium deficiency reserves has an effect (either positive or negative) on that period's results. Second, the premium deficiency reserve changes as our assumptions relating to the present value of expected future premiums, losses and expenses on the remaining Wall Street bulk insurance in force change. Changes to these assumptions also have an effect on that period's results.
• Underwriting and other expenses

The majority of our operating expenses are fixed, with some variability due to contract underwriting volume. Contract underwriting generates fee income included in "Other revenue."
• Interest expense

Interest expense reflects the interest associated with our outstanding debt obligations. Our long-term debt obligations at March 31, 2009 include our $300 million of 5.375% Senior Notes due in November 2015, approximately $169 million of 5.625% Senior Notes due in September 2011, $200 million outstanding under a credit facility expiring in March 2010 and $390 million in convertible debentures due in 2063 (interest on these debentures accrues even if we defer the payment of interest), as discussed in Notes 2 and 3 of our Notes to Consolidated Financial Statements and under "Liquidity and Capital Resources" below. Also as discussed in Note 1 of the Consolidated Financial Statements, we adopted FSP APB 14-1, "Accounting for Convertible Debt Instruments That May Be Settled in Cash upon Conversion (Including Partial Cash Settlement)", on a retrospective basis, and our interest expense now reflects our non-convertible debt borrowing rate on the convertible debentures of approximately 19%. At March 31, 2009, the convertible debentures are reflected as a liability on our consolidated balance sheet at the current amortized value of $277 million, with the unamortized discount reflected in equity.
• Income from joint ventures


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Sherman
During the period in which we held an equity interest in Sherman, Sherman was principally engaged in purchasing and collecting for its own account delinquent consumer receivables, which are primarily unsecured, and in originating and servicing subprime credit card receivables. The factors that affect Sherman's consolidated results of operations are discussed in our Quarterly Report on Form 10-Q for the Quarter Ended June 30, 2008, to which you should refer.
Beginning in the first quarter of 2008, our joint venture income principally consisted of income from Sherman. In the third quarter of 2008, we sold our entire interest in Sherman to Sherman. As a result, beginning in the fourth quarter of 2008, our results of operations are no longer affected by any joint venture results. See "Results of Consolidated Operations - Joint Ventures - Sherman" for discussion of our sale of interest in Sherman and related note receivable.
Mortgage Insurance Earnings and Cash Flow Cycle In our industry, a "book" is the group of loans insured in a particular calendar year. In general, the majority of any underwriting profit (premium revenue minus losses) that a book generates occurs in the early years of the book, with the largest portion of any underwriting profit realized in the first year. Subsequent years of a book generally result in modest underwriting profit or underwriting losses. This pattern of results typically occurs because relatively few of the claims that a book will ultimately experience typically occur in the first few years of the book, when premium revenue is highest, while subsequent years are affected by declining premium revenues, as the number of insured loans decreases (primarily due to loan prepayments), and losses increase.


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2009 First Quarter Results
Our results of operations in the first quarter of 2009 were principally affected by:
• Net premiums written and earned

Net premiums written during the first quarter of 2009 decreased when compared to the first quarter of 2008 due to lower average premium yields which are a result of the shift in the mix of newer writings to loans with lower loan-to-value ratios, higher FICO scores and full documentation, which carry lower premium rates, offset by a higher average insurance in force and lower ceded premiums due to captive terminations and run-offs. Net premiums earned during the first quarter of 2009 increased when compared to the first quarter of 2008 due to a decrease in new policies insured with a single premium compared to the prior period.
• Investment income

Investment income in the first quarter of 2009 was higher when compared to the first quarter of 2008 due to an increase in the average amortized cost of invested assets, offset by a decrease in the pre-tax yield.
• Realized losses

Realized losses for the first quarter of 2009 increased compared to the first quarter of 2008, and included "other than temporary" impairments on our investment portfolio of approximately $25.7 million offset by net realized gains on the sales of fixed income investments of approximately $8.4 million. Realized losses in the first quarter of 2008 resulted from net realized losses on the sales of fixed income investments.
• Losses incurred

Losses incurred for the first quarter of 2009 increased compared to the first quarter of 2008 primarily due to a larger increase in the default inventory. The default inventory increased by 13,530 delinquencies in the first quarter of 2009, compared to an increase of 6,469 in the first quarter of 2008. The estimated severity continued to increase in the first quarter of 2009 primarily as a result of the default inventory containing higher loan exposures with expected higher average claim payments. The increase in severity was less substantial than the increase experienced during the first quarter of 2008. The estimated claim rate remained flat for the first quarter of 2009, compared to a slight increase in the estimated claim rate in the first quarter of 2008.
• Premium deficiency

During the first quarter of 2009 the premium deficiency reserve on Wall Street bulk transactions declined by $165 million from $454 million, as of December 31, 2008, to $289 million as of March 31, 2009. The decrease in the premium deficiency represents the net result of actual premiums, losses and expenses as well as a $119 million change in assumptions primarily related to lower estimated ultimate losses, offset by lower estimated ultimate premiums. The $289 million premium deficiency reserve as of


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March 31, 2009 reflects the present value of expected future losses and expenses that exceeded the present value of expected future premium and already established loss reserves.
• Underwriting and other expenses

Underwriting and other expenses for the first quarter of 2009 decreased when compared to the same period in 2008. The decrease reflects our lower volumes of new insurance written as well as a focus on expenses in difficult market conditions. Also, the first quarter of 2008 included $3.3 million in one-time consulting fees associated with the common stock offering and private placement of the junior subordinated convertible debentures.
• Interest expense

Interest expense for the first quarter of 2009 increased when compared to the first quarter of 2008. The increase primarily reflects the issuance of our convertible debentures in late March and April of 2008 (interest on these debentures accrues even if we defer the payment of interest). Also as discussed in Note 1 of the Consolidated Financial Statements, we adopted FSP APB 14-1, "Accounting for Convertible Debt Instruments That May Be Settled in Cash upon Conversion (Including Partial Cash Settlement)", on a retrospective basis, and our interest expense now reflects our non-convertible debt borrowing rate on the convertible debentures of approximately 19%.
• Income from joint ventures

We had no income from joint ventures in the first quarter of 2009. Income from joint ventures, net of tax, was $10.0 million in the first quarter of 2008. The income from joint ventures in 2008 was related to our interest in Sherman that was sold in the third quarter of 2008.
• Credit for income tax

The effective tax rate credit on our pre-tax loss was (31.8%) in the first quarter of 2009, compared to (51.7%) in the first quarter of 2008. During those periods, the rate reflected the benefits recognized from tax-preferenced investments. Our tax-preferenced investments that impact the effective tax rate consist almost entirely of tax-exempt municipal bonds. The difference in the rate was primarily the result of the establishment of a valuation allowance, which reduced the amount of tax benefits provided during the first quarter of 2009.


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Results of Consolidated Operations
New insurance written
The amount of our primary new insurance written during the three months ended March 31, 2009 and 2008 was as follows:

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